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Judgment
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the challan papers.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in relation to F.I.R. No.57/2017 registered at P.S. Nagori Gate, Jodhpur for the offence under Section 392 / 34 I.P.C.
Learned counsel for the petitioners submits that the entire amount allegedly looted from the complainant has been recovered at the instance of the petitioner no.1 Sanjay Chouhan along with a passbook of the complainant. He submits that the I.O. did not get the identification proceedings conducted despite the fact that the complainant stated that he could identify the accused persons. He contends that the charge-sheet has been filed and trial will consume time. He further states that the petitioners shall not object to the recovered amount being returned to the complainant and with these submissions, he prays that the petitioners deserve to be enlarged on bail.
Learned Public Prosecutor vehemently opposes the submissions advanced by the petitioners' counsel. However, he too does not dispute the fact that the petitioners do not have any criminal antecedents and no test identification was conducted at the hands of the complainant despite the fact that the accused were not named by him.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioners deserve to be released on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Sanjay Chouhan @ Bhuriya and
(2) Chetan Prakash arrested in connection with F.I.R. No.57/2017 registered at P.S. Nagori Gate, Jodhpur shall be released on bail subject to the condition that they shall furnish an undertaking in the trial Court that they will not object to the recovered amount being returned to the complainant and provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The said undertaking shall not prejudice the other defences available to the petitioners at the trial.